Thailand Law Library

by Thailand Lawyer

Chapter 4: Temporary Stay in the Kingdom

Aliens entering into the kingdom for a temporary stay may enter for the below listed activities:

1. Diplomatic or Consular Missions
2. Performance of official duties
3. Touring
4. Sporting
5. Business
6. Investing under the concurrence of the Ministries and Departments concerned.
7. Investing or other activities relating to investing subject to the provisions of the law on investment promotion.
8. Transit journey.
9. Being the person in charge of the crew of a conveyance coming to port, station, or area in the Kingdom.
10. Study or observation.
11. Mass media.
12. Missionary work under the concurrence of the Ministries and departments concerned.
13. Scientific research or training or teach in a Research Institute in the Kingdom.
14. The practice of skilled handicraft or as a specialist
15. Other activities as prescribed in the Ministerial Regulations.

The Director General or the competent official deputized by the Director General shall have the authority to permit the alien, who entered to stay temporarily in the Kingdom under Section 34, to remain in the Kingdom under any prescribed conditions. The periods of time which one is authorized to stay in the Kingdom are as Follows:

1. Not exceeding 30 days for a case under Section 34 (4), (8) and (9)
2. Not exceeding 90 days for a case under Section 34 (3)
3. Not exceeding one year for a case under Section 34 (5), (10), (11), (12), (13), (14) and (15)
4. Not exceeding two years for a case under Section 34 (6)
5. As deemed necessary for a case under Section 34 (1) and (2)
6. As deemed appropriate by the Commission of Investment Promotion, for a case under Section 34 (7)

If it is deemed necessary that the aliens have to stay in the Kingdom Longer than the period of time prescribed in the paragraphs (1) (2) (3) and (4) the Director General shall consider granting the aliens extension of stay for a period not exceeding one year for each time. After granting permission, the Director General shall report to the Commission for their information, with the reason, within seven days from the date of granting.

Each time when applying for an extension of temporary stay in the Kingdom, the alien shall submit an application and pay the fees as prescribed in the Ministerial Regulations. While waiting for directives the alien may be permitted to stay.

Where there is a proper reason, the Director General or the Immigration Commission shall have power to revoke permission previously authorized the alien to stay temporary in the Kingdom, whether or not the Director General, or the official deputized by the Director General, has granted such permission.

In the case the Director General has ordered permission to be revoked, the alien whose permission has been revoked may appeal such orders to the Immigration Commission. Order of the Immigration Commission will be final.

The appeal of the Director General’s order under paragraph 2 of this Section shall be submitted to the competent official within forty-eight hours from the time of acknowledgement of such order from the Director General and must be complied with from and fees as prescribed in the Ministerial Regulations.

After cancellation of the temporary entry permit in reference to the provision of paragraph 1 of this Section, the alien must be notified by a written notice. In the case a written notice cannot be sent to the alien, yet the competent official has post a notice to the alien’s place of stay, as previously notified, and forty-eight hours, have passed, it is assumed that the alien has received said notice.

An alien having received a temporary entry permit into the Kingdom must comply with the following:

1. Shall not engage in the occupation or temporary or employment unless authorized by the Director General or competent official deputized by the Director General. If, in any case, there is a law concerning alien employment provided hereafter, the granting of work privileges must comply with the law concerned.
2. Shall stay at the place as indicated to the competent official. Where there is proper reason that he cannot stay at the place as indicated to the competent official, he shall notify the competent official of the change in residence, within 24 hours from the time of removing to said place.
3. Shall notify the police official of the local police station where such alien resides, within twenty–four hours from the time of arrival. In the case of change in residence in which new residence is not located the same area with the former police stations, such alien must notify the police official of the police station for that area within twenty-four hours from the time of arrival.
4. If the alien travels to any province and will stay there longer than twenty-four hours, such alien must notify the police official of the police station for that area within forty-eight hours from the time of arrival.
5. If the alien stays in the Kingdom longer than ninety days, such alien must notify the competent official at the Immigration Division, in writing, concerning his place of stay, as soon as possible upon expiration of ninety days. The alien is required to do so every ninety days. Where there is an Immigration Office, the alien may notify a competent Immigration Official of that office.

The provision of (3) and (4) shall not apply to any cases under Section 34 by any conditions as prescribed by the Director General.

In making notification under this Section, the alien may make notification in person or send a letter of notification to the competent official, in accordance with the regulations prescribed by the Director General.

The housemaster, the owner or the possessor of the residence, or the hotel manager where the alien, receiving permission to stay temporary in the Kingdom has stayed, must notify the competent official of the Immigration Office located in the same area with that hours, dwelling place or hotel, within 24 hours from the time of arrival of the alien concerned. If there is no Immigration Office located in that area, the local police official for that area must be notified.

In case the house, dwelling place, or hotel where the alien has stayed under provision of paragraph 1 is located within the Bangkok area, such notification must be reported to the competent official at the Immigration Division.

Making notification, in reference to the paragraph 1 and 2 of this Section, must comply with regulations prescribed by the Director General.

After having received permission for temporary entry into the Kingdom, if the alien leaves the Kingdom it is considered that his temporary entry permit has expired. But, if prior to leaving the alien is granted permission to return by the competent official, and the alien returning is not excluded from entry under Section 12.and the period of time previously authorized has not expired, the alien shall be authorized to stay in the Kingdom for the rest of the authorized time.

In asking permission for re – entry, the alien must submit an application in accordance with the form and pay a fee in accordance with the rate and regulations as prescribed in the Ministerial Regulations.